Our builder formed an owner’s association in 2014 to avail certain regulatory sanctions for the project from various government authorities. The association has not been renewed for the last five years nor has the Annual General Meeting (AGM) been convened for the same period.
The Register of Membership, books of accounts, audited balance sheet and bank account have not been maintained so far as well. On the insistence of owners, the builder conducted an election in December 2019 and a new Executive Committee (EC) was formed. The AGM was not convened by the erstwhile EC of the association. The builder has applied for the renewal of the association and an approval for the newly elected EC that is still pending for disposal by the concerned authority.
Given the circumstances I have the following queries:
1. Will the erstwhile association become defunct due to its non-renewal and non-maintainance/submition of the statutory records to the Registrar of Societies every year?
2. Is the election conducted by the builder (instead of the EC) in order?
3. The application of the association’s renewal after a gap of five years and the approval of the new EC is yet to be authorised by the Registrar of Societies. The certificate of renewal is yet to be obtained too. In the absence of this certificate, does the newly elected EC have any legal powers to enter into any agreement and sign the handover documents with the builder?
4. The enrolment of owners as members of the association has not yet been done. Is it compulsory for the owner to become a member of the association?
Vasudha G.
Urapakkam
Since you have mentioned that the application for renewal of the association is pending, you have to wait for the outcome of the said application. Grant of renewal will depend on the records being in order. If rejected/ refused, the erstwhile association will become defunct and the election held by the builder will be invalid. In this event, the present elected members may treat themselves as an ad-hoc committee, form a new association and hold a fresh election.
The newly formed association, in their general body meeting, can ratify prior acts of the ad-hoc committee. Every flat owner should participate in formation of an association as provided in Sec. 19 (9) of RERA.
A friend’s neighbour constructed a house and it’s plan is a deviation from the original. He has built six shops in front of his house on government property (open space). If we complain, will it be demolished? Will my friend be questioned by authorities?
Annada Shankar
Chennai
Any construction ought to be carried out only after obtaining approvals and sanctions for putting up the same from the competent authority such as CMDA or Corporation of Chennai or DTCP or local body depending on the location and size of the plot. Approvals are normally given with certain stipulations and guidelines on setback spaces, height of the building (number of floors) and other aspects of construction.
If there is any deviation or violation, a complaint can be given to the sanctioning authority and they will take necessary action which may include levy of fine, demolition or sealing of the premises. Should either party take the matter to Court for any reason, violation of any order passed by the Court may entail imprisonment.
